Serious Nature Of Offence Not A Ground For Denying Bail To Juvenile In Conflict With Law Irrespective Of Age: Patna High Court

The Patna High Court has held that seriousness of the alleged offence or the age of the juvenile are not relevant considerations for denial of bail under Section 12 of the Juvenile Justice Act, 2015.

The Court was considering an Appeal against an order whereby the Children Court rejected the Application of the Appellant for releasing him on bail.

The single bench of Justice Jitendra Kumar observed, "It also emerges that seriousness of the alleged offence or the age of the juvenile are also no relevant considerations for denial of bail under Section 12 of the J.J. Act. Even the child who is 16 years or above 16 years of age and is alleged to have committed a heinous offence is also entitled to get bail under Section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 in regard to grant of bail. Section 12 is applicable to all juveniles in conflict with law without any discrimination of any nature."

The Appellant was represented by Advocate Sheikh Arkan Ahmad while the Respondent was represented by Additional Public Prosecutor Chandra Sen Prasad Singh.

Facts of the Case

The Appellant has been lodged in Observation Home for about one year and seven months since October 05, 2023. A case was registered against unknown 4-5 persons for offences punishable under Sections 341, 323, 302, 363, 364, 201 read with Section 34 of the Indian Penal Code on written report of one woman regarding death of her husband.

The Husband was missing since morning and despite search, the informant could not get any clue about his whereabout. But she came to know as per hearsay that he was beaten by 4-5 persons and subsequent to the lodging of the F.I.R., his dead body in a pond filled up with water. As per the post-mortem report, the death was caused due to drowning.

Subsequently, the Appellant was found to be 17 years, 5 months and 24 days old and was declared juvenile. However, as per preliminary assessment he was found to be adult and his case was transferred from Juvenile Justice Board to Children Court, where the Appellant filed bail petition, but the same was rejected

Counsel for the Appellant submitted that Children Court rejected the Bail Application of the Appellant not only on irrelevant consideration but even on a wrong fact. He stated that it has been recorded in impugned order that as per the Social Investigation Report, the Appellant has a habit of intoxication, whereas there is no such reference in the Social Investigation Report. Moreover, he added that heinous nature of the alleged offence is no ground for rejecting the Bail Application of a juvenile, irrespective of his age.

Reasoning By Court
The Court affirmed that seriousness of the alleged offence or the age of the juvenile are also no relevant considerations for denial of bail under Section 12 of the J.J. Act.

Noting that one of the ground for bail is if the person's release would defeat the ends of justice, the Court pointed out that the ends of justice as used in the proviso to Section 12(1) of the J.J. Act is drastically different to one as used in the context of penal statutes.

"As such, Section 12 of the J.J. Act is in consonance with the purpose and object of the Act, providing for mandatory bail to a juvenile in conflict with law unless the grounds as provided in the proviso to Section 12(1) of the Act is/are present, so that the child is re-united with his family at the earliest opportunity and the protection, development, reformation and rehabilitation of the child is ensured," the Court observed.

The Appeal was accordingly rejected.

Cause Title: Chandan Kumar Paswan vs. The State of Bihar

Click here to read/ download Order